Guam BAC Limits, DUI Penalties, and Implied Consent

Guam BAC Limits, DUI Penalties, and Implied Consent

Quick Answer: On Guam it is unlawful to drive, operate, or be in physical control of a motor vehicle at 0.08% BAC or more, at 0.04% or more if you are under 21, or at more than 0.02% if you hold a learner's permit or an intermediate license. A first conviction is a misdemeanor carrying 48 hours to 1 year in custody, a $1,000-$5,000 fine, and a 6-month license suspension. Driving on Guam roads is automatic consent to a blood, urine, or breath test, and refusing one costs you your license for 6 months administratively even if you are never convicted.

Where Guam's DUI law actually lives

The handbook still points you toward Title 16. That citation is out of date. The Safe Streets Act of 2018 (P.L. 34-107:5, June 5, 2018) moved every impaired-driving offense, the implied-consent rules, and the ignition-interlock program into 9 GCA Chapter 92. 16 GCA Chapter 18 is now vacant. The rules of the road, parking, insurance, and inspection all stay in Title 16 - only the alcohol and controlled-substance material moved. If a study source cites "16 GCA Ch. 18" for a BAC limit, that source predates 2018.

The handbook opens this topic with a blunt statistic worth memorizing: drinking and driving is responsible for at least half of the traffic deaths on Guam highways.

Three BAC numbers, not one

A 19-year-old at 0.05% is over the criminal under-21 threshold even though a 30-year-old at the same reading is not. A 16-year-old intermediate licensee at 0.03% has violated the zero-tolerance condition of the license and will not advance to full licensure on schedule.

Section 92102 also reaches impairment that no breath test measures. It is unlawful to drive while impaired by any controlled substance, or after having inhaled, ingested, applied or otherwise used any chemical, poison or organic solvent, or any compound or combination of these, when the result is that you no longer have the ability to drive with the characteristics of a sober person of ordinary prudence. Huffing solvents and driving is prosecuted the same way as drinking and driving. Subsection (e) covers any combination of alcohol, drugs, and solvents - a person under the 0.08% limit who has also taken a prescription sedative can still be convicted.

"Physical control" is broader than "driving"

Section 92102 prohibits driving, operating, or being in physical control of a motor vehicle. Sleeping it off in the driver's seat with the keys in your hand is squarely within the statute. The exam likes this distinction because candidates assume the vehicle must be moving.

The current penalty ladder

Probation runs alongside: not more than 1 year on a first offense, not more than 3 years on a second, 3 to 5 years on a third, and 4 to 6 years on a fourth.

Two aggravators sit outside the ladder. Under Sec. 92109, driving while impaired with a child under 16 as a passenger - or injuring a child under 16 in the resulting crash - is a third-degree felony carrying up to 5 years, a $3,000-$5,000 fine, and a suspension of not less than 1 year with no occupational privileges. Under Sec. 92103, driving impaired in reckless disregard for the safety of persons or property is a separate petty misdemeanor.

Ways a court can shorten the penalty

• Occupational Driving Permit (Sec. 92117) - available to first offenders only. The driver must immediately surrender the license to the court and may be granted a permit for 6 months to drive for employment and court-approved rehabilitation.
• BAIID or electronic alcohol monitoring - on a second, third, or fourth offense the court may cut the suspension or revocation by no more than 50% if the driver installs a breath alcohol ignition interlock device or an approved monitoring device. Under Sec. 92301 a certified interlock will not start the vehicle above 0.05%, runs for not less than 6 months, and proof of installation is due within 30 days.
• DWI Treatment Court (Sec. 92120-92121) - participation can reduce restrictions and fines, and on a third offense it can cut the mandatory 90 days down to no less than 30 days. Successful completion lets the judge dismiss and expunge the case. Sec. 92122 blocks that relief for a third-degree felony involving bodily injury to someone other than the driver.

Implied consent and the price of refusing

Sec. 92201: any person who operates a motor vehicle on the public highways or roadways of Guam is deemed to have given consent to a blood or urine, or breath test. The officer may only request the test after (1) a lawful arrest and (2) informing the person of the sanctions for refusing.

Refusal is not a free move. Under Sec. 92202, on the officer's sworn statement the Department of Revenue and Taxation acts administratively - no conviction required:

The handbook adds the mechanics: you must immediately surrender your license to the officer, the officer forwards it to DRT's Motor Vehicle Division with a sworn statement, and driving privileges are not restored until all administrative and court proceedings are complete.

The related offenses candidates forget

• Drinking while driving (Sec. 92112) and drinking while riding as a passenger (Sec. 92113) are each misdemeanors on their own, regardless of BAC.
• Open container (Sec. 92114) - a misdemeanor to transport or possess a container whose cap or seal has been opened or broken, or whose contents have been partly removed, on a public highway. It is legal only if the container is secured in a rear compartment or trunk not normally occupied by the driver or passengers. A front glove or utility compartment does not qualify.
• Marijuana (Sec. 92115) - it is a petty misdemeanor for any person, driver or passenger, to consume marijuana in a vehicle on a public highway. Guam's 2019 cannabis law expressly does not authorize impaired driving.
• Driving while suspended or revoked for DUI (Sec. 92119) - a misdemeanor in its own right.

Handbook-versus-statute traps

The 2011 handbook is the stated source of the test questions, but three of its DUI numbers were amended in 2018. Learn the current statute and recognize the stale figure if you see it: the handbook says a second offense carries up to two years (statute: one year), that a third offense is fined $3,000-$5,000 (statute: $4,000-$7,000), and it never mentions the 6-month suspension on a first offense. The handbook also has no fourth-offense tier, no under-21 0.04% threshold, and no refusal-suspension schedule - all four are current law.